New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-09-30
KNIGHTS AND The CONSPIRACY LAM.
JUDGE BARRETT ON THE HARTr CASE.

THE CASE OF TnE MEN WHO PROSECUTED lin
SHOULD 90 TO THE GRAND Jury.
In the case of John Gil and other Knights OF Labor
charged with violating the Conspiracy law, Justice Bar
ret OF the Supreme Court yesterday rendered decision
dsmsspg the wrts OF habeas corpus and certorar on
which be was asked to review the action OF Police Justice
Scion B. Smith In holding them for the action Of the
Grand Jury.
Gill and John Foster Frederick Brunbauer. T. woolcy.
James Macdonald and John Campbell, all members al
various times OF the Executive Committee or District
Assembly No. 81, knights Of Labor are charged
with having violated sections 16s 100 and 40 Of the
Penal Code in two cases. In OF these Is alleged
that Gill. Foster and Brunbauer caused
strike in the factory OF John H. Hanan q Sons,
shoe manufacturers at Centre and White $751; because
the firm refused to discharge named Dunphy who
had refused to Join the Knights Of Labor
In the 9th Is charged that Gill; Foster wooiey,
Macdonald Campbell by threats compelled Gardaer
Il Estes shoe manufacturers at Nlnth-ave and Four
tcenthst to discharge their foreman. O. NJ Hartt and
two other men on February 2l Since that time, IL Is
averred they have prevented Hartt from getting work
In this city and aferward, when be obtained work In
Baltimore induced District Assembly No Al, Knights or
Labor in Baltimore demand his discharge Since then
he has unable obtain work They vera all held
bail $500 by Justice Smith The case was argued
Justice Barrett sitng in the Court Of oyer and
Tcrminer. In his decision the Judge says
The result Of y Of s TO a tho s
tors trial Or rather y Sn o S ' aen
BY the Iosrnsd counsel Tor the REALTORS tsre was
with regard either to syqpss or e
sisuts Penal Code section 100 permits orderly and pa
nsdsot 10 ts nshorSs is
enecvea resort To all awful means OF enforcement
plainly s%G .S Sassnsr
direct implied IN di'ordery and turbulent turbulent
: :s.' o, Wage, cannot avs
long outside OF the combination work t9r ss
SO work and are entitled against avie.sness
that h TO protection not against tho s.ag Jaw u
suggested disoiery and turbnient strike
Justice Barrett clearly defines the nature OF the con-
spiracy referred to In the law. He says;
Where relation direct Indirect pc
tween wages strike the combination which bring, tho
f.. . aSSas hs S Quantity
ns;r. .'sg as sa sy sa vSTs to the com
nansy snd 70 that
au;;.!onad sy the , sass. alrs. sy
another exercising lawful trade or calling Penal c9as
Revssa Statutes When The People vs. FISHER was decided
the &C ~ S ,r snelo to
trade commerce Here honsver the complaint covers
ssn Ssns s0 S injury
sub COMMENDED tina. boe 'hea' ; sned
clearly but such limitation only goes 10 the extent Of
m so h FOR he auhor1sa Purposes sections iss and
10 al thus construed are entirely barmoni"us
Tie judge says that assent 70 the doctrine
that section 10 authorizes combination OF indiyians
coapsl by means condemned In Section los All Work
ingmsn Join the cooperative forces or to punish those
who supposed iumical thereto In conclusion
he Gays;
Tho fact, presented the MAGISTRATE tsad 10 show dsiS
IN the slightest degree with tho advancement Of
putpo. OF Ss s so sena 10 show acts injurious
acts 10y threats, Of the o. 70 s apd
Jury follows the REALTORS were properly
aud ha, the wrii' should be dismissed and the
manded